A Landlord's Responsibilities for Bug Infestations in California

Apartments must be safe and habitable.

A bug infestation can spell disaster for your house or apartment, and quick intervention can prevent the problem from getting out of control. California law requires that landlords maintain a habitable home, and bugs are not part of any habitable space. If your rental home is infested with bugs, document any communications with your landlord as well as all evidence of the infestation.

Habitability and Bugs

According to the California Department of Consumer Affairs, a rental property must be habitable when a tenant moves in. This means that it must comply with building codes, must not be in disrepair and must not endanger the tenant's safety. A bug infestation generally renders the property uninhabitable. If the house is infested with bugs on your move-in day you have the option to not move in and demand your security deposit, or to request that your landlord eliminate the bugs before you begin your lease.

Repairs and Bugs

When a bug infestation occurs after a tenant has already moved in, a landlord must provide pest control and remedy any problems that have led to the infestation. For example, if a crack in the wall is letting in mosquitoes, the landlord must fix the crack within a reasonable time after receiving notice from the tenant. If the bugs cause damage to the property that render it uninhabitable, your landlord must also fix these damages. California courts generally consider 30 days reasonable unless the repair is necessary to keep the unit safe or habitable.

Tenant-Induced Bugs

Sometimes a tenant's behavior brings bugs into the home. A dog-induced flea infestation or a cockroach problem caused by the tenant's messiness are examples of tenant-induced bugs. A landlord is still required to get rid of the bugs, but may add the cost of pest control to the tenant's rent. If the tenant does not pay this sum, the landlord may sue the tenant or retain a portion of the tenant's security deposit.

Enforcement

Although the law requires landlords to cover the costs of repairs, many landlords disobey the law. The simplest way to ensure the repairs are covered is to make the repairs yourself and then deduct the cost from your rental payment. California law allows tenants to "repair and deduct" repairs that are less than the cost of one month's rent. You cannot deduct repairs that aren't directly related to your health or safety, so a minor bug infestation usually will not warrant this remedy. However, a giant crack that is letting in scores of bugs may permit this remedy. You must give your landlord written notice of the necessary repairs and a reasonable time to make them before repairing and deducting yourself. If you have to move due to an uninhabitable rental unit, you may sue your landlord in superior or small claims court to obtain your security deposit. You may also be able to sue your landlord if the bugs cause health problems or damage to your property, but consult an attorney before proceeding with a lawsuit.

About the Author

Van Thompson is an attorney and writer. A former martial arts instructor, he holds bachelor's degrees in music and computer science from Westchester University, and a juris doctor from Georgia State University. He is the recipient of numerous writing awards, including a 2009 CALI Legal Writing Award.